Prayer was offered by Mohammad Jamal Daoudi, Imam of Islamic
Association of West Virginia, South Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 14, 2005,
On motion of Senator Guills, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 2227--A Bill to amend and
reenact §8-10-2 of the Code of West Virginia, 1931, as amended,
relating to prescribing minimum standards for municipal judges;
requiring criminal background checks of persons applying for
municipal judgeships; excluding persons convicted of certain offenses from serving as municipal judge; and requiring municipal
judges receive continuing legal training.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments to
the Senate amendments, as toEng. Com. Sub. for House Bill No. 2592, Relating to the
design-build procurement act.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the Senate
amendments to the bill were reported by the Clerk:
On page twenty-eight, section fifteen, line one, after the
word "exist" by inserting a comma and the words "pursuant to the
provisions of article ten, chapter four of this code,";
On page twenty-nine, section fifteen, line four, after the
word "of" by inserting the word "that";
And,
On page twenty-nine, section fifteen, line five, after the
word "code" by inserting the words "or other act of the
Legislature".
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the Senate amendments to the bill (Eng. Com. Sub. for H. B. No. 2592) and requested the House of
Delegates to recede therefrom.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage ofEng. House Bill No. 2813--A Bill to amend and reenact §24-2-11
of the Code of West Virginia, 1931, as amended, relating to
requirements for certificate of public convenience and necessity;
and removing the prohibition on applying for and obtaining
franchises, licenses or permitsprior to obtaining a certificate of
public convenience and necessity from the Public Service
Commission.
Referred to the Committee on Energy, Industry and Mining.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng.House Bill No. 2869--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31D-11-1109, relating to permit the conversion of a
domestic corporation to a domestic limited liability company.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage ofEng. HouseBill No. 2958--A Bill to amend and reenact §5-16-4a
of the Code of West Virginia, 1931, as amended, relating to
continuing the Public Employees Insurance Agency Finance Board.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 5--Requesting the Division of
Highways to name the bridge on Cleveland Avenue in Buckhannon, West
Virginia, the "William S. O'Brien Memorial Bridge".
Whereas, William S. O'Brien was born the son of Colonel Emmet
J. and Marsha Ann O'Brien on January 8, 1862, at Audra, on the
Middle Fork River in Barbour County, West Virginia, and moved with
them to Weston, Lewis County, West Virginia, in 1867; and
Whereas, After obtaining his degree from West Virginia
University in 1891, he began actively practicing law; and
Whereas, William S. O'Brien was married to his beloved wife,
Emma White, on October 14, 1896, which produced four wonderful
children, three sons and one daughter; and
Whereas, During his long career as a public servant, William
O'Brien taught school, served as a captain in the National Guard,
was a member of the Masons and the Knights of Pythias, served as
editor of the newspaper, sat as judge of the twelfth judicial
circuit from 1913 to 1920 and was elected a member of Congress from
the Third District in 1926; and
Whereas, William S. O'Brien served as Secretary of State from 1932 until he passed on August 10, 1948; and
Whereas, The members of the West Virginia Legislature would
like to honor the public service and the life of William O'Brien;
therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on Cleveland Avenue in Buckhannon, West
Virginia, Department of Highways design division bridge number
10232, in honor of William O'Brien, a legislator, lawyer, educator,
family man and public servant; and, be itFurther Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"William S. O'Brien Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 14--Requesting the Division of
Highways to name the bridge spanning the Gauley River on Route 39
near Summersville, Nicholas County, the "Brock's Bridge".
Whereas, The bridge over the Gauley River at Brock's Ferry was
first built in 1904 at a cost of approximately $10,000; and
Whereas, For years this bridge was known by locals as the
Brock's Bridge; and
Whereas, After the Gauley River was dammed and Summersville
Lake was completed in the 1960s, a new bridge was constructed at
Brock's Ferry; and
Whereas, Since the bridge over the Gauley River in this
location has been historically known as the "Brock's Ferry Bridge",
it is only fitting that the bridge be formally so named; therefore,
be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge spanning the Gauley River on Route 39 near
Summersville, Nicholas County, the "Brock's Bridge"; and, be itFurther Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be itFurther Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of Highways and to the Nicholas County Commission.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 21--Requesting the Department
of Education to create a position in the Department to coordinate, oversee and advocate for public school libraries.
Whereas, Public school libraries can fulfill an important role
in teaching students, supporting curriculum delivery and providing
resources for staff development; and
Whereas, Public school libraries, when adequately funded and
staffed with professionally trained and credentialed library media
specialists, have shown their value in improving student
performance; and
Whereas, There is no person responsible for ensuring that the
valuable role of public school libraries is appropriately
represented in state level policy formation and program development
for improving education in the public schools; therefore, be itResolved by the Legislature of West Virginia:
That the Department of Education is hereby requested to create
a position in the Department to coordinate, oversee and advocate
for public school libraries.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 36--Requesting the Division of
Highways to name the bridge at McCauley in Hardy County, West
Virginia, the "John and Freda Rudy Memorial Bridge".
Whereas, John and Freda Rudy lived a life of joy, nurturing
not only a budding business but also a loving family; and
Whereas, John and Freda Rudy began their career in the grocery
business in 1938, creating a business that would become a vital
part of the community; and
Whereas, Both were named Outstanding Democrat of the Year for
Hardy County, John Rudy in 1987 and Freda Rudy in 1990; and
Whereas, John and Freda owned and operated the store they
built together to unselfishly serve their community for more than
fifty-five years; and
Whereas, After John's death in December 1995, Freda continued
to live in their store/home until her passing in November, 2004;
therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge at McCauley in Hardy County, West Virginia, in
honor of John and Freda Rudy, devoted parents, grandparents,
friends, merchants and public servants; and, be itFurther Resolved, That the Division of Highways is requested
to have made and placed on the bridge signs identifying it as the
"John and Freda Rudy Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation; and, be itFurther Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the Rudy
family.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 40--Naming the new bridge
spanning the Elk River in Clendenin, West Virginia, the "Hardman
Brothers Bridge".
Whereas, The Hardman Brothers, Harper, Harry, Jack, Robert and
Lawrence, grew up and attended school in Clendenin, West Virginia,
and each later unselfishly served this country in the armed
services; and
Whereas, Harper Hardman, now deceased, served in the Air Force
from 1941 to 1971 in World War II, Korea and Vietnam; and
Whereas, Harry Hardman served in the Navy from 1941 to 1974 in
World War II, Korea and Vietnam; and
Whereas, Jack Hardman served in the Navy from 1948 to 1971 in
Korea and Vietnam; and
Whereas, Richard Hardman served in the Navy from 1949 to 1954
in Korea; and
Whereas, Robert Hardman served in the Air Force from 1951 to
1973 in Korea and Vietnam; and
Whereas, These five brothers served, combined, over one
hundred years of active duty military service, including service
during World War II, the Korean War and the Vietnam War; therefore,
be itResolved by the Legislature of West Virginia:That the new bridge spanning the Elk River in Clendenin, West
Virginia, be named the "Hardman Brothers Bridge"; and, be itFurther Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be manufactured
appropriate signs with the prominent display of the words "Hardman
Brothers Bridge" and to erect same at either end of the new bridge
spanning the Elk River in Clendenin, West Virginia; and, be itFurther Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the West Virginia
Chapter of the Veterans of Foreign Wars, Post 3522 of the Fourth
District, located in this state and to the Commissioner of the
Division of Highways.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 15th day of March, 2005, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:(H. B. No. 2483), Repeal the section of the West Virginia Code
relating to escape of convicts and rewards.Respectfully submitted,
C. Randy White,Chair, Senate Committee.
Richard Browning, Chair, House Committee.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Bill No. 121, Allowing certain renewal of hunting
license without actual certificate of training document.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 121 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact
§20-2-30a of the Code of West Virginia, 1931, as amended, relating
to renewing a hunting license and/or stamp without the actual
certificate of training document.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 166,Authorizing sale of certain land on
Buffalo Creek, Logan County.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 194, Providing funding for Affordable Housing
Trust Fund; Board composition.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 194 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-4c; to amend and reenact §11-22-2 of said code;
and to amend and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31-
18D-9 of said code, all relating to the West Virginia Affordable
Housing Trust Fund generally; imposing a fee of twenty dollars on
the transfer of real property in addition to the excise tax imposed
on real property transfers; imposing a fee of twenty dollars in
addition to the consumers sales tax on sales of mobile homes;
dedicating the revenues from the additional fees to the West
Virginia Affordable Housing Trust Fund; authorizing expenditures
for administrative and operating expenses; changing the composition
of the Board of Directors of the West Virginia Affordable Housing Trust Fund by reducing the number of members appointed representing
nonprofit organizations; adding additional members representing
real estate and manufactured housing groups; reducing the number of
votes necessary for Board action; providing that the West Virginia
Housing Development Fund shall establish best practices for
recipients of trust fund moneys; permitting trust fund moneys to be
used for initial operational expenses of local governmental
programs to reduce substandard housing or inappropriate land use
patterns; and eliminating certain restrictions on application
procedures for trust fund moneys.With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.The bill (Com. Sub. for S. B. No. 194), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 223, Relating to vesting retirement benefits
for certain members of military.
And has amended same.
And,Senate Bill No. 262, Relating to State Police Retirement
System.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,Chair.Senate Bill No. 223, under the original double committee
reference, was then referred to the Committee on Finance, with an
amendment from the Committee on Pensions pending.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Senate Bill No. 262 contained in the
foregoing report from the Committee on Pensions.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 264, Relating to Teachers Defined Contribution
Retirement System.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Bill No. 287, Transferring authority to propose water
quality standard rules to Department of Environmental Protection.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Energy, Industry and Mining; and then
to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Energy, Industry and Mining; and then
to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 298, Authorizing Department of Agriculture promulgate legislative rule relating to animal disease control.
And,Senate Bill No. 300, Authorizing Department of Agriculture
promulgate legislative rule relating to commercial feed.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 305, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to general
provisions.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but with the further recommendation that it first
be referred to the Committee on Finance; and then, under the
original double committee reference, be referred to the Committee
on the Judiciary.
Respectfully submitted,
Dan Foster,Chair.
On motion of Senator Foster, the bill (S. B. No. 305)
contained in the foregoing report from the Committee on Pensions
was referred to the Committee on Finance; and then, under the
original double committee reference, to the Committee on the
Judiciary, with an amendment from the Committee on Pensions
pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 306, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to deputy
sheriff retirement system.
With an amendment from the Committee on Pensions pending;Senate Bill No. 308, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers
Defined Contribution System.
With an amendment from the Committee on Pensions pending;Senate Bill No. 309, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers
Defined Benefit Plan.
With an amendment from the Committee on Pensions pending;
And,Senate Bill No. 310, Authoring Consolidated Public Retirement
Board promulgate legislative rule relating to Public Employees
Retirement System.
With an amendment from the Committee on Pensions pending;
And reports the same back with the recommendation that they
each do pass as amended by the Committee on Pensions to which the
bills were first referred; but under the original triple committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Pensions pending.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 307, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to benefit
determination and appeal.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Dan Foster,Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Bill No. 373, Authorizing Division of Natural Resources
promulgate legislative rule relating to commercial whitewater
outfitters.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
John Pat Fanning,Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 425, Relating to Deputy Sheriff Retirement
System.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
considerationSenate Bill No. 476, Allowing use of red-colored artificial
light when hunting coyotes.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 488, Permitting conversion of domestic
corporation to domestic limited liability company.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 505, Creating Indigent Defense Commission.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 505 (originating in the
Committee on the Judiciary)--A Bill to repeal §29-21-12, §29-21-13
and §29-21-13a of the Code of West Virginia, 1931, as amended; and
to amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9,
§29-21-10 and §29-21-11 of said code, all relating to public
defender services generally; continuing public defender services;
creating the Indigent Defense Commission; specifying members and
their terms; transferring certain powers and duties of agency to
the Executive Director and Indigent Defense Commission; authorizing
the Executive Director to reduce or reject certain vouchers;
authorizing resubmission of reduced or rejected vouchers;
authorizing removal of Public Defender Corporation board members
for cause; activation of corporations; permitting the employment of
both full-time and part-time attorneys; allowing for contracting
with part-time attorneys; mandating the order of appointment of
panel attorneys; removing the sections relating to public defender
corporations' funding; requiring corporations to submit budget;
authorizing amended funding contracts; providing for payment of
fees to panel attorneys; and requiring services provided to public
defender corporations.With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.The bill (Com. Sub. for S. B. No. 505), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationEng. House Bill No. 2129, Creating misdemeanor offense of
motion picture piracy.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,Chair.The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:By Senators Kessler, Hunter, Love and McKenzie:
Senate Bill No. 541--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §20-2-46n, all relating
to authorizing crossbow hunting for disabled persons.Referred to the Committee on Natural Resources; and then to
the Committee on Finance.By Senator Chafin:
Senate Bill No. 542--A Bill to amend and reenact §14-2-2 of
the Code of West Virginia, 1931, as amended, relating to providing
an exception to the requirement that actions in which the state is
a party be brought in Kanawha County for suits involving motor
vehicle accidents.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Hunter and Dempsey:
Senate Bill No. 543--A Bill to amend and reenact §11-1C-10 and
§11-1C-11 of the Code of West Virginia, 1931, as amended, all
relating to providing tax incentives to nonresidential owners of
managed timberland to allow the general public to use the land for
recreational purposes; and providing legislative findings toward
this purpose.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.By Senator McCabe:
Senate Bill No. 544--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6, §29A-8-7, §29A-8-8 and §29A-8-9, all relating to creating
the "Permitting Information Act"; providing a short title; setting
forth legislative findings; defining certain terms; creating the
position of ombudsman to facilitate dissemination of information
regarding state permits; providing state agencies have a duty to
provide permitting information; providing for the assessment of
costs against agencies who fail to provide information; providing
for a report to be made to the Legislature and Governor concerning
the dissemination of permitting information; and requiring the
ombudsman to propose rules to effectuate the purposes of the
article.Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senators Chafin, Kessler and Hunter:
Senate Bill No. 545--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto four new sections,
designated §5-3-6, §5-3-7, §5-3-8 and §5-3-9, all relating to the
Attorney General generally; creating an Insurance Advocacy Unit in
the office of the Attorney General; providing for the appointment
of an Insurance Advocate; setting forth the authority of the
Insurance Advocate; and providing for the duties of the Insurance
Advocate.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.By Senators McCabe, Jenkins, Foster, Oliverio and Yoder:
Senate Bill No. 546--A Bill to amend and reenact §56-6-31 of the Code of West Virginia, 1931, as amended, relating to equalizing
the interest rates allowed for prejudgment and post-judgment
interest.Referred to the Committee on the Judiciary.By Senators Hunter and Dempsey:
Senate Bill No. 547--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to create and sell sport
compact license plates.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.By Senators Love, Sharpe, Minard, Bailey, White, Jenkins and
Dempsey:
Senate Bill No. 548--A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to the crimes
of assault and battery upon law-enforcement officers; and adding
Public Service Commission motor carrier inspectors to the list of
law-enforcement officers.Referred to the Committee on the Judiciary.By Senator Hunter:
Senate Bill No. 549--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §50-6-4, relating to requiring judgment debtors to make
monthly reports to magistrate court concerning whether the judgment
debt is being paid or has been wholly satisfied.Referred to the Committee on the Judiciary.By Senators Prezioso, Foster, Hunter and Jenkins:
Senate Bill No. 550--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5B-14, relating to designation of rural hospitals
for purposes of the Critical Access Hospital Program.Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.By Senator Foster:
Senate Bill No. 551--A Bill to amend and reenact §30-4A-1,
§30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7,
§30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13,
§30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §30-4A-18, all relating to the
administration of anesthesia by dentists.Referred to the Committee on the Judiciary.By Senator Edgell:
Senate Bill No. 552--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3-58, relating to making it a crime to knowingly
sell an unstable horse.Referred to the Committee on the Judiciary.By Senator Prezioso:
Senate Bill No. 553--A Bill to amend and reenact §8A-11-1 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting local ordinances to discriminate against factory-built housing.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.By Senators Caruth and Barnes:
Senate Bill No. 554--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-9-4, relating to attendance of officers and employees
at official meetings of the municipal governing body or committees
thereof which require the presence of a quorum for the conduct of
business.Referred to the Committee on Government Organization.By Senator Unger:
Senate Bill No. 555--A Bill to amend and reenact §6-9A-5 of
the Code of West Virginia, 1931, as amended, relating to boards and
commissions; and providing that governing bodies of public agencies
need not have a second to a motion if the governing body has seven
or less members.Referred to the Committee on the Judiciary.By Senators Unger, Jenkins and Dempsey:
Senate Bill No. 556--A Bill to amend and reenact §21-3A-2 and
§21-3A-19 of the Code of West Virginia, 1931, as amended, all
relating to providing coverage for municipal firefighters under the
Occupational Safety and Health Act.Referred to the Committee on Energy, Industry and Mining.By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 557--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-46; and to amend and reenact §18-9D-2 and §18-9D-
16 of said code, all relating to time levels for bus routes;
providing for the establishment, maintenance and adherence to
schedules for one-way bus transportation time levels under normal
weather operating conditions; prohibiting the creation of new bus
routes in the wake of a closure or consolidation of an existing
school facility in which the time levels for the bus routes exceed
certain levels; allowing for county school boards to seek a waiver
from such prohibition from the State School Board and the School
Building Authority; defining certain terms; and providing that
School Building Authority and State School Board cannot approve any
facilities plan until it approves any waiver requested by a county
board.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Jenkins, Edgell, Plymale, Deem, Foster and Hunter:
Senate Joint Resolution No. 11--Proposing an amendment to the
Constitution of the State of West Virginia, amending article X
thereof by adding thereto a new section, designated section 11a,
relating to county and municipal excess levies; allowing excess
levies of county commissions and municipalities be approved by a
majority of the votes cast for and against the same; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Sprouse and Foster offered the following resolution:Senate Concurrent Resolution No. 50--Petitioning the United
States Congress allow a variance to the gross vehicle weight limit
of approximately 30 miles of I-77/I-64 between Marmet, Kanawha
County, and Mossy, Fayette County, to allow 120,000 pounds of gross
vehicle weight so that coal trucks may lawfully travel this section
of highway.
Whereas, The Legislature has enacted legislation that allows
trucks to pass through the town of Chesapeake, Kanawha County, with
a gross vehicle weight of 120,000 pounds; and
Whereas, This legislation allows upwards of 400 trucks to pass
through Chesapeake daily, creating environmental and safety hazards
of dust, speed and close proximity to parked vehicles, children in
school zones and on the streets; and
Whereas, Before this legislation was passed increasing the
gross vehicle weight limit, all of these trucks consistently had an
overweight gross vehicle weight of 160,000 pounds and used I-77/I-
64 between Marmet, Kanawha County, and Mossy, Fayette County; and
Whereas, I-77/I-64 weight limits are regulated by the United
States Department of Transportation's Federal Highway
Administration and not the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby petitions the United States
Congress allow a variance to the gross vehicle weight limit of approximately 30 miles of I-77/I-64 between Marmet, Kanawha County,
and Mossy, Fayette County, to allow 120,000 pounds of gross vehicle
weight so that coal trucks may lawfully travel this section of
highway; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation.
Which, under the rules, lies over one day.
Senators Fanning and Jenkins offered the following resolution:Senate Concurrent Resolution No. 51--Requesting the Joint
Committee on Government and Finance study how the Board of Risk and
Insurance Management sets rates for municipalities, counties and
colleges and universities.
Whereas, Rates set by the Board of Risk and Insurance
Management have tripled recently; and
Whereas, These increased rates are a problem for those who
must pay them; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study how the Board of Risk and Insurance Management
sets rates for municipalities, counties and colleges and
universities; and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Oliverio, Prezioso and McCabe offered the following
resolution:Senate Concurrent Resolution No. 52-Requesting the Division of
Highways rename the Watson Bridge in Marion County the "Watson
Senior Citizens Bridge" in honor of Jim Costello.
Whereas, Jim Costello, a resident of Marion County, served in
World War II, worked as a coal miner and was a supervisor with the
Division of Highways; and
Whereas, As a supervisor with the Division of Highways, he
oversaw the rebuilding of the Watson Bridge; therefore, be itResolved by the Legislature of West Virginia:That the Legislature hereby requests the Division of Highways
rename the Watson Bridge in Marion County the "Watson Senior
Citizens Bridge" in honor of Jim Costello; and, be itFurther Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Watson Senior Citizens Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Marion County
Commission.
Which, under the rules, lies over one day.Senators Love, Unger, Jenkins, Prezioso, Yoder, Chafin, Deem,
Minard, Boley, Lanham, Minear, Tomblin (Mr. President), Fanning,
Guills, Caruth, Sharpe, Dempsey, Weeks, Foster, Facemyer, White,
Helmick, McKenzie, Plymale, McCabe and Oliverio offered the
following resolution:Senate Concurrent Resolution No. 53--Requesting the Division
of Highways name the portion of U. S. Route 16 beginning at the
Raleigh/Fayette county line and ending in Oak Hill, Fayette County,
the "Hank Williams, Sr., Memorial Road".
Whereas, Hank Williams, Sr., traveled over the portion of U.
S. Route 16 beginning at the Raleigh/Fayette county line and ending
in Oak Hill, Fayette County, shortly before his death near Oak Hill
on the night of December 31, 1952; and
Whereas, The haunting melodies created by Hank Williams, Sr.,
have touched the souls of so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped
propel country music into the billion-dollar industry it is today;
therefore, be itResolved by the Legislature of West Virginia:That the Legislature hereby requests the Division of Highways
name the portion of U. S. Route 16 beginning at the Raleigh/Fayette
county line and ending in Oak Hill, Fayette County, the "Hank
Williams, Sr., Memorial Road"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the Governor.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.Eng. Senate Bill No. 235, Relating to National Animal
Identification System.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S
B. No. 235) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Senate Bill No. 413, Relating generally to financially
related activities of state-chartered banking institutions.On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S
B. No. 413) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.The Senate proceeded to the eleventh order of business and the
introduction of guests.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 159, Relating to formation of metro
government.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 159 (originating in the
Committee on Government Organization)--A Bill to repeal §8-8-1, §8-
8-2, §8-8-3, §8-8-4, §8-8-5, §8-8-6, §8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17
and §8-8-18 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new chapter, designated §7A-1-
1, §7A-1-2, §7A-1-3, §7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3, §7A-2-4,
§7A-3-1, §7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7, §7A-
4-1, §7A-4-2, §7A-4-3, §7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5,
§7A-5-6, §7A-5-7, §7A-6-1, §7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5, §7A-
6-6, §7A-6-7, §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5, §7A-7-6,
§7A-7-7, §7A-7-8, §7A-7-9 and §7A-8-1, all relating to creating the
Consolidated Local Government Act; stating legislative findings and
definitions; authorizing municipal consolidation, county
consolidation, metro consolidation and metro-metro consolidation;
establishing powers to be construed broadly; stating local
consolidated government to be treated like municipality in
municipal consolidation, county in county consolidation and
municipality and county in metro consolidation; addressing
jurisdiction and limitations of consolidated local governments;
commencing consolidation by petition from voters or resolution by
governing bodies; creating charter review committees; stating
powers of charter review committees; allowing reimbursement of
expenses for committee members; submitting charter review committee
budget to governing bodies; studying consolidation; addressing
territory, fiscal impact, name, seat, representation, governing
body, effective date, transition of service and dissolution in
charter review committee; drafting proposed charter; providing
multiple public hearings; approving proposed charter and submitting proposed charter to governing bodies to hold elections; providing
election by voters of each affected local government for municipal
consolidation, county consolidation, metro consolidation and metro-
metro consolidation; permitting reconsideration of second proposed
charter if first is defeated; leaving municipalities incorporated
in metro consolidation; disallowing new consolidation effort for
two years after defeat; allowing subsequent joining of local
governments to consolidated local government; describing metro-
metro consolidation; and permitting charter to be amended.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Prezioso, Deem, Kessler and
Chafin.
Thereafter, at the request of Senator Weeks, and by unanimous
consent, the remarks by Senator Deem were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of
the senator from Logan and on behalf of the Senate extended
felicitations and good wishes to Senator Tomblin (Mr. President),
with Senator Sharpe leading the members in singing "Happy
Birthday".
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 16, 2005, at 11 a.m.